Sussex County, DE Animal Ordinances: Beekeeping (2026)

The AR-1 and AR-2 Agricultural Residential Districts, which cover most of unincorporated Sussex County, list 'keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business' among the permitted accessory uses in § 115-21B. Because bees are insects under the ordinance's plain wording, a backyard hive kept for honey or hobby purposes needs no zoning permit as long as it is not run as a commercial operation. § 115-23A lists 'raising for sale of birds, bees, rabbits and other small animals, fish and other creatures' among the special use exceptions the Board of Adjustment may grant under Article XXVII, and any such exception is a temporary and conditional permit good for no more than five years, with the exact term set by the Board at the hearing.

The identical special use exception language appears in § 115-32A for the Medium-Density Residential (MR) district, with one added condition: the building setback for the commercial operation must match whatever setback applies to a main structure on that lot, tying hive placement to the same yard lines used for houses. Because the special use exception process runs through the Board of Adjustment rather than administrative staff, an applicant for a commercial apiary faces a public hearing, notice to neighbors, and Board findings before approval, unlike the no-permit hobby exemption.

The five-year cap means a commercial beekeeping operation must return to the Board for renewal, giving neighbors a recurring opportunity to raise concerns about odor, noise or swarming bees at each renewal hearing.